Jurisdiction And Forum Selection In International Maritime Law
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Jurisdiction And Forum Selection In International Maritime Law
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Author : Robert Force
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2005-01-01
Jurisdiction And Forum Selection In International Maritime Law written by Robert Force and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Law categories.
Forum selection is typically the most crucial issue in a transnational case. Nowhere is this truer than in maritime law, where forum selection is the first and sometimes the only point of engagement in international maritime litigation. In this important collection of essays, ten outstanding maritime law scholars from eight countries analyze the complex theoretical and practical issues surrounding forum selection in maritime cases. Among the topics discussed are the following: injunctions; forum shopping for limitation of liability; forum non conveniens; effect of forum selection clauses; loss or damage to goods; the in personam link; and, recognition of foreign liens. The book stems from a symposium held at Tulane University in 2004 to honor the 70th birthday of Robert Force, the influential and respected scholar who founded the renowned Tulane Maritime Law Center. As befits such a festschrift, the book opens with a detailed analysis and overview of forum selection clauses, written by Professor Force and his Tulane colleague Martin Davies. This is followed by thought-provoking essays on comparative issues, procedural theory, competing jurisdictions, jurisdictional clauses, EC law, and other matters, and by insightful and knowledgeable reports on specific issues related to China and South Africa. At a moment in history when geopolitical trends and globalization of trade are rapidly growing and changing, maritime lawyers and the various agencies and commissions that sustain this vitally important branch of international legal practice will greatly appreciate this remarkable book.
An Examination And Consideration Of
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Author : Jonathan M. Gutoff
language : en
Publisher:
Release Date : 2011
An Examination And Consideration Of written by Jonathan M. Gutoff and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
In 2005, a collection of essays on jurisdiction and forum selection in cases governed by shipping law was edited by Martin Davies and published in honor of his Tulane University colleague, Robert Force. In this article, Jonathan Gutoff of Roger Williams University responds to the essays. William Tetley wrote about jurisdiction in cases involving carriage of goods by sea and application in such cases of the doctrine of forum non conveniens. Davies and Force wrote together inviting US courts to temper with attention to equity their willingness to enforce a forum selection clause against cargo interests. John Hare writes of the opportunity for forum shopping with respect to limitation and security that follows from rigid enforcement of forum selection clauses. Nigel Meeson compares the reactions of common law and civil jurisdictions to the anti-suit injunction and about the problems in English law when third parties are involved. Alexander von Ziegler also focus on the problem of third parties not privy to the contract in which a forum is dictated and how that problem is affected by the various international conventions governing ocean commerce. Hannu Honka lays out the law of the EU pertaining to loss or damage to marine cargo and presents the contemporary mosaic in lieu of uniformity. Paul Myburgh writes about the problem of personal jurisdiction and its solutions in jurisdictions where the ship is not personified. Hilton Staniland describes the South African rule of lex fori for the enforcement of liens, and advocates instead a rule of lex causae. Peter Murray describes the emerging system in China, where its late arrival has allowed it the benefit of lessons learned in senior jurisdictions.
Jurisdiction And Forum Selection In International Maritime Law Essays In Honour Of Robert Force
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Author : Martin (Ed.) Davies
language : en
Publisher:
Release Date : 2005
Jurisdiction And Forum Selection In International Maritime Law Essays In Honour Of Robert Force written by Martin (Ed.) Davies and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Admiralty categories.
Jurisdiction And Arbitration Clauses In Maritime Transport Documents
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Author : Felix Sparka
language : en
Publisher: Springer Science & Business Media
Release Date : 2010-01-11
Jurisdiction And Arbitration Clauses In Maritime Transport Documents written by Felix Sparka and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-11 with Law categories.
Jurisdiction and arbitration clauses are two different mechanisms that help to ensure impartiality and predictability in international dispute resolution. Despite their benefits, these clauses can be inconvenient for parties that are forced to litigate before distant fora. Moreover, particular problems arise in the context of maritime transport documents. Based on a broad comparative approach, this study seeks to explain the existing rules within their legal context and to develop a coherent system for such clauses, which takes into account the underlying interests as well as economic theory. While offering detailed answers to most issues surrounding jurisdiction and arbitration clauses in maritime transport documents, the book confronts the fundamental question of the limits of freedom of contract in an international setting.
Forum Selection Clauses In International Maritime Contracts
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Author : Robert and Martin Davies Force
language : en
Publisher:
Release Date : 2005
Forum Selection Clauses In International Maritime Contracts written by Robert and Martin Davies Force and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Grammar, Comparative and general categories.
Jurisdiction And Arbitration Agreements In Contracts For The Carriage Of Goods By Sea
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Author : Jonatan Echebarria Fernández
language : en
Publisher: Taylor & Francis
Release Date : 2021-03-09
Jurisdiction And Arbitration Agreements In Contracts For The Carriage Of Goods By Sea written by Jonatan Echebarria Fernández and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-09 with Law categories.
Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea focuses on party autonomy and its limitations in relation to jurisdiction and arbitration clauses included in contracts for the carriage of goods by sea in case of any cargo dispute. The author takes the perspective of the shipping companies and the shipowners, as these are the driving forces of the shipping industry due to their strategic importance. The book provides an analysis of the existing law on the recognition and validity of jurisdiction and arbitration clauses in the contracts for the carriage of goods by sea. The author also seeks to provide conclusions and to learn lessons for the future of the non-recognition and the non-enforcement of the clauses in the existing fragmented legal framework at an international, European Union, and national level (England & Wales and Spain). The interface between the different legal regimes reveals the lack of international harmonisation and the existence of ‘forum shopping’ when a cargo interest sues the shipowner or the party to whom the shipowner charters the vessel. This concise book provides a useful overview of existing research, for students, scholars and shipping lawyers
The Journal Of International Maritime Law
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Author :
language : en
Publisher:
Release Date : 2007
The Journal Of International Maritime Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Maritime law categories.
International Maritime And Commercial Law Yearbook
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Author : Francis D. Rose
language : en
Publisher:
Release Date : 2007
International Maritime And Commercial Law Yearbook written by Francis D. Rose and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Commercial law categories.
Modern Maritime Law Volume 1
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Author : Aleka Mandaraka-Sheppard
language : en
Publisher: CRC Press
Release Date : 2013-12-17
Modern Maritime Law Volume 1 written by Aleka Mandaraka-Sheppard and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-17 with Law categories.
This unique title examines in depth issues of jurisdiction, maritime law and practice from a modern perspective and highlights the importance of risk management with a view to avoiding pitfalls in litigation or arbitration and minimising exposure to liabilities. The third edition has been fully revised and restructured into two self-contained volumes, the first covering jurisdictional issues and risks and the second exploring the diverse aspects of maritime law, risks and liabilities. The book continues to provide succinct analysis of the key principles and precedents of maritime law, a detailed account of important decisions, and incorporates developments in regulation, Codes of good practice and international Conventions. The first volume tackles a wealth of complex jurisdictional aspects, ranging from the enforcement of maritime claims to a detailed analysis of the conditions of arrest of ships, including reconsideration of wrongful arrest, beneficial ownership, forum non-convenience and limitations upon the jurisdiction of the English courts. Key features of Volume One: Expert analysis of the very latest case law, including noteworthy cases in international jurisdictions Highlights important recent changes and developments in: piercing the corporate veil – State immunity conflict of laws and jurisdictions stay of proceedings for breach of jurisdiction or arbitration agreements issues arising from tiered dispute resolution clauses anti-suit injunctions Timely examination of the EU jurisdiction scheme and the Review of the Brussels I Regulation New Chapter on Freezing Injunctions as compared with the US Rule B Attachment This book serves as an invaluable reference for lawyers, academics, and a host of shipping and risk management professionals worldwide. Purchase Volumes 1 and 2 of the Modern Maritime Law together for a reduced price at http://www.routledge.com/books/details/9780415843201/
Jurisdiction Over Ships
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Author : Henrik Ringbom
language : en
Publisher: BRILL
Release Date : 2015-08-11
Jurisdiction Over Ships written by Henrik Ringbom and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-11 with Law categories.
Jurisdiction over Ships: Post-UNCLOS Developments in the Law of the Sea analyses international law developments in shipping since the adoption of the UN Convention on the Law of the Sea (UNCLOS) in 1982. The Convention’s rules on the rights and obligations of flag states, coastal states and port states, have by and large been accepted and adhered to by states, but the legal regime for the oceans is neither complete nor static, nor was it intended to be so. New issues have surfaced while old issues have changed their character. Developments in law and practice have already resulted in some divergences between the jurisdictional scheme outlined in UNCLOS and how states in reality exercise their jurisdiction over ships. In this book, 18 leading academics in the field study a number of such developments in more detail, providing a practical guide to the state of the law at present while at the same time offering insights into how international law develops in this field.